BRONX, NY - Individuals facing controlled substance charges in the Bronx may encounter penalties ranging from misdemeanor fines to life imprisonment, depending on the quantity and type of substance involved. Bronx drug defense lawyer David Mejia Colgan, Esq. (https://dmclawny.com/bronx-drug-defense-lawyer/) explains the classification of drug offenses under New York law and outlines the defense options available to those accused of narcotics-related crimes.

According to Bronx drug defense lawyer David Mejia Colgan, New York Penal Law Article 220 establishes multiple degrees of controlled substance possession, ranging from seventh-degree possession, a Class A misdemeanor carrying up to 364 days in jail, to first-degree possession, a Class A-I felony with sentences of 15 to 25 years to life. "The degree of the charge depends heavily on the aggregate weight of the substance, not its purity," explains Mejia Colgan. "Individuals are often surprised to learn that diluted substances are weighed in their entirety under New York law, which can elevate charges dramatically."

Bronx drug defense lawyer David Mejia Colgan notes that the state also prosecutes controlled substance distribution offenses, intent-to-distribute charges, and narcotics manufacturing offenses. Distribution charges under Article 220 are classified as felonies even when small quantities are involved, and prosecutors frequently rely on undercover operations, surveillance, and testimony from confidential informants to build these cases. Possession with intent to distribute may be charged when law enforcement discovers packaging materials, scales, or substances divided into smaller quantities.

Attorney Mejia Colgan emphasizes that Fourth Amendment protections play a central role in defending against narcotics charges. Police generally require a search warrant based on probable cause to search a home, vehicle, or person, though exceptions exist for searches incident to arrest, consent searches, and automobile searches supported by probable cause. "Challenging the legality of the search is often the most effective strategy in a controlled substance case," he adds. "If law enforcement violated constitutional protections during the search, the court may exclude the evidence entirely."

The firm handles cases involving challenges to illegal searches and seizures, disputes over constructive possession in shared spaces, entrapment defenses, chain of custody questions, and laboratory testing errors. Mejia Colgan's background as a former Assistant District Attorney in the Bronx County District Attorney's Office provides insight into how prosecutors approach narcotics cases and where vulnerabilities may exist in the evidence.

New York's drug scheduling system further affects how charges are classified. Schedule I substances, which have no accepted medical use and high abuse potential, carry different implications than Schedule IV or V substances with accepted medical applications. Prescription medication cases have become increasingly common, with charges arising from possession without a valid prescription or obtaining prescriptions from multiple physicians without disclosure.

Mejia Colgan also highlights that New York has reformed certain aspects of its controlled substance laws, including the legalization of limited adult possession of certain substances under the Marihuana Regulation and Taxation Act enacted in 2021. However, possession exceeding legal thresholds and unlicensed distribution remain criminal offenses subject to prosecution.

"Collateral consequences extend well beyond incarceration and fines," observes Attorney Mejia Colgan. "A controlled substance conviction can affect employment, housing, professional licensing, and immigration status, making early legal intervention critical." Federal immigration law classifies many narcotics offenses as aggravated felonies, subjecting non-citizens to mandatory removal proceedings.

Drug cases in the Bronx proceed through Bronx Criminal Court for misdemeanors or Bronx County Supreme Court at 851 Grand Concourse for felony matters. The Bronx also offers a specialized Drug Treatment Court under New York Criminal Procedure Law Article 216, which allows eligible defendants to complete treatment programs as an alternative to incarceration. For those facing controlled substance charges in the Bronx, consulting an experienced defense attorney may help protect constitutional rights and explore all available legal options.

About David Mejia Colgan, Esq.: 

David Mejia Colgan, Esq., is a Bronx-based criminal defense practice with over 25 years of experience in criminal law. Led by attorney David Mejia Colgan, the firm represents clients facing controlled substance charges, felony matters, and other criminal cases throughout the Bronx and surrounding New York communities. Attorney Mejia Colgan is a graduate of New York University School of Law and a former Assistant District Attorney. The office is located at 910 Grand Concourse, Suite 1F. For consultations, call (718) 484-8820.

Email: david.m.colgan@gmail.com

Media Contact

Name
David Mejia Colgan, Esq.
Contact name
David Mejia Colgan, Esq.
Contact phone
(718) 484-8820
Contact address
910 Grand Concourse Suite 1F
City
Bronx
State
NY
Zip
10451
Country
United States
Url
https://dmclawny.com/